Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1887-09-15
JURISDICTION OF THE STRIP
Opinion of United States Circuit
Judge Brewer.


Opinion of United States Circuit
Judge Brewer.
Judge Parzor Reversed A Seem
ingly Unfortunate Decision for
the Cherokees but one Which
Must DO Recognized Until Over
ridden by the Supreme Court.
In the Circuit Court of the United
States for the District of Kansas.
The United States of America,
Plaintiff, VS.. Mayer Almond
Soule, ct. al, Defendants
Opinion by Brewer, c. j.:
The defendants were indicted
in the district court Of Kansas for
murder. They filed a plea chal-
lenging tho jurisdiction Of that
court. That plea has been ccrii-
fed to this court fordecision. The
question presented is whether
the district court had jurisdiction
of the place at which the oliense is
charged to have been committed.
The place is described in the in
dictment as "within that payt OF
the Indian Territory lying north
of the Canadian river and east Of
Texas aud the one hundreth merid-
ian, not set aside and occupied
by the Cherokee, Greek and Semi
mole Indian tribes, and that part Of
the territory known as the Chero-
kee outlet.
Prior to January 9Th, 1883, un-
qucstiouably the entire Indian
Territory was within the juris-
diction Of the district court Of the
western district of Arkansas. On
that day an act was passed l22 u.
S. Stat, 400 pro7iding for one
term Of the United States district
court of Kansas to be held at
Wichita, a place near the southern
boundary of Kansas.
Section two of that act provides
as follows: "That all tbat part of
the Indian Territory lying north
of the Canadian river and east of
Texas and the one hundredih
meridian not So apart and occu-
pied By the Cherokee, Greek aud
Seminole Indian tribes shall from
and after the passage Of this act,
be annexed TO aud constitute a part
Of the United States, judicial dis
trict of. Kansas, and the United
States district courts at Wichita.
and Fort Scott, in the district OF
Kansas. shall have exclusive origi-
nal jurisdiction Of oil oienses COM
mitted within the limits Of the ter
ritory hereby annexed 10 said dis
trict of Kansas against any of the
laws of the United States, now
or that may hereafter be operative
therein" Unquesiionably by this
section portion OF the Indian
Territory was placed within the ju-
risdiciion of the district court Of
Kansas and the question is whether
the Cherokee outlet is within this
portion. As significant Of the intent
Of congress, the third section j. im-
portant; threads as follows: "That
all that part Of the Indian Terrific
~ not annexed 10 the district OF
Kansas by this acl. and not set
apart and occupied by the Chero-
kee, Creek, -Choctaw, Chicka-
saw aud Seminole Indian tribes.
shall, from and after the passage
of this act, be annexed % and con- I
stitute a part Of the United States .
judicial district known as the /
northern district Of Texas. And F..
the United States district court oil
Graham, IN said northern district
of Texas, shall have exclusive
jurisdiction Of an Unenses
committed within the limits Of the
territory hereby annexed 10 said I
northern district of Texas against
any Of the laws of the United |
States, now or that may hereafter
be operative therein"
II will he seen from these two
sections taken IN conjunction with /
the prior statutes vesling jurisdic-
ton over the entire territory in the 1
court OF the western district
Of Arkansas, that the intent of
congress was to apportion the ter
ritory between the three courts,
and We should naturally expect in
the absence OF cOgent reasons for
the contrary that the entire pOr
ton Of the territory contiguous 10
the place Of holding court in each
district respectively would be as-
signed 10 that district. II is un-
questionable that the entire south
western portion goes to the Tex
as district court and the entire
eastern portion to tho Arkansas
court. The intent Of the law max
ers Of course controls IN the inter
OF a statute, and the geo
graphical argument as 10 that in
cnt Is in this case most potent
The convenience and economy OF
business requires that the tcrris
ory subject 10 the jurisdielion 81
court shonid be a. near as pos